Resolution Number 92-6-16-3RESOLUTION NO. 92-6-16-3
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
JUAN CAPISTRANO, CALIFORNIA, AFFIRMING PLANNING
COMMISSION RESOLUTION NO. 91-1-14-1 AND DESIGN REVIEW
COMMISSION RESOLUTION NO. 92-3-18-1, RELATIVE TO APPEAL
OF APPROVAL OF THE PROPOSED PARKING LOT DESIGN, TREE
REMOVAL AND LANDSCAPING AND LIGHTING PLANS FOR THE
SAN JUAN CAPISTRANO MISSION CHURCH AND THE SAN JUAN
CAPISTRANO LIBRARY (PATRICK CROWLEY)
WHEREAS, the applicant, Roman Catholic Bishop of Orange, 440 S. Batvia
Street, Orange, CA 92668 has submitted an application to construct a 90 -space parking
lot with 25 -foot -wide maneuvering drive aisles for the San Juan Capistrano Mission
Church and San Juan Capistrano Library. The proposed parking lot is in the Garden
Home District (RD); and,
WHEREAS, in accordance with the California Environmental Quality Act, an
initial study and a mitigated negative declaration were prepared for the project; and,
WHEREAS, on July 9, 1980, after conducting a duly noticed public hearing, the
Planning Commission approved Architectural Control 79-18 (Planning Commission
Resolution No. 80-7-9-1) which permitted the site plan, conceptual building elevations,
landscape and parking plans and the plans for an adjacent 104 -space parking lot for the
Great Stone Church, with conditions; and,
WHEREAS, on January 14, 1992, after conducting a duly noticed public
hearing, the Planning Commission approved Architectural Control 79-18 and
Architectural Control 81-18 (Planning Commission Resolution No. 92-1-14-1), which
permitted the revised site plan for 90, 9' by 17' parking spaces with a 25 -foot -wide
maneuvering aisle, and also included the removal of the Pepper Tree in the rubble area,
with conditions; and,
WHEREAS, on March 18, 1992, after conducting a duly noticed public hearing,
the Design Review Commission approved Architectural Control 79-18 and Architectural
81-18 (Design Review Commission Resolution No. 92-3-18-1) which permitted the parking
lot design, including the landscaping and lighting plans; and,
WHEREAS, on April 28, 1992, the Cultural Heritage Commission denied
confirmation of Planning Commission Resolution No. 92-1-14-1, conditionally approving
the parking lot site plan and tree removal of the Pepper Tree in the rubble area (Cultural
Heritage Commission Resolution No. 92-4-28-1); and
WHEREAS, the appellant, Patrick Crowley, P. O. Box 293, San Juan
Capistrano, has appealed the Planning Commission action of January 14, 1992, approving
the removal of the Pepper Tree in the rubble area, and the Design Review Commission
action of March 18, 1992, approving the lighting for the site, to the City Council.
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NOW, THEREFORE, BE IT RESOLVED that the City Council hereby finds and
determines as follows:
Tree Removal - According to Code Section 9-2.309(c)(1), ten factors
shall be considered in determining whether to approve or deny a tree _
removal request. Factors 2, 8, & 9 apply to the proposal for removing
the Pepper tree.
Factor 2 directs consideration of, "Whether a project site plan has been
designed to preserve the maximum number of existing trees on the
site." There are five large trees on the site. The applicant is proposing
to retain all existing trees with the exception of the Pepper tree in the
rubble area and will be adding additional trees, including three 36" boxed
Pepper trees.
Factor 8 directs consideration of, "The health of the tree or trees
proposed for removal and their likely remaining life, if preserved." As
specified in the report the tree is likely to have a limited life span (ten
years) due to limb removal necessary to gain space for an efficient
parking lot.
Factor 9 directs consideration of, "Possible future hazards to traffic,
pedestrians, general public safety, or property if the tree(s) is
preserved." As indicated in the report, within the next ten years the
Pepper tree is likely to suffer from rot entering the main trunk from the
extensive pruning cuts required for limb removal, thereby creating a
potential safety hazard and public liability.
2. Municipal Code Compliance - The architectural design of the proposed
project is consistent with the provisions of Title 9 of the Municipal Code
in that the standards of Section 9-3.602 (Off Street Parking and Loading)
have been met.
3. Archaeological Resources - The Planning Commission, in Resolution No.
92-1-14-1 required as a condition of approval that a State Certified
Archaeologist be present during any excavation, including the removal of
stone rubble from the depressed area, conducted in the course of grading
or construction activities for the proposed project. This condition of
approval should successfully mitigate any potential impacts to possible
archaeological resources.
BE IT FURTHER RESOLVED, that the City Council does hereby affirm
Planning Commission Resolution No,. 92-1-14-1 and Design Review Commission
Resolution No. 92-3-18-1 approving the site plan, tree removal and landscaping and
lighting plans for the Mission Church and Library parking lot (Architectural Control _
79-18 and Architectural Control 81-18) with the following additional conditions:
A monument to memorialize the historic significance of the site shall be
installed after review and approval by the Cultural Heritage Commission.
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2. Final plans shall be modified to provide additional landscaping along the
south boundary.
3. Lighting fixtures shall be of traditional design.
PASSED, APPROVED, AND ADOPTED this
of June , 1992.
ATTEST:
16th
day
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss
CITY OF SAN JUAN CAPISTRANO )
I, CHERYL JOHNSON, City Clerk of the City of San Juan Capistrano,
California, DO HEREBY CERTIFY that the foregoing is a true and correct copy of
Resolution No. 92-6-16-3 adopted by the City Council of the City of San Juan
Capistrano, California, at a regular meeting thereof held on the 16th day
of June , 1992, by the following vote:
AYES: Councilmen Hausdorfer, Harris, Vasquez and Mayor Jones
NOES: Councilman Friess
ABSTAIN: None
ABSENT: None
(SEAL)
CHERYL JOHNSON, TY CLERK
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